The Right Coast

July 02, 2004
 
A Formalist Supreme Court
By Mike Rappaport

An interesting post by Larry Solum on the problems resulting from a closely divided Supreme Court that to a large extent is not formalist. Larry's solution: select judges who display the virtue of justice, or to translate, select formalist judges of whatever political disposition. This is an interesting proposal, but the problem is that so many people are nonformalists and they have concrete interests for continuing to be so.